JOSE v. MEEKS

Filing 5

ORDER adopting 3 Report and Recommendation. The Complaint is hereby DISMISSED for failure to prosecute. Signed by Judge Maurice B. Cohill on 2/12/2013. (rtw, )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TEJEDA JOSE,
Plaintiff,

vs.
BOBBY MEEKS,
Defendant.

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Civil Action No. 12-270 Erie

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MEMORANDUM ORDER

This pro se civil rights Complaint was received by the Clerk of Court on October 31,
2012. Plaintiff Jose Tejada, an inmate at the Federal Correctional Institution at McKean in
Bradford, Pennsylvania, did not submit the required filing fee or a motion to proceed in forma
pauperis with his complaint. A show cause order was issued on November 1, 2012, directing

Plaintiff to either pay the required filing fee of$350.00 or to file a motion to proceed informa
pauperis (along with an accompanying institutional account statement) no later than November

21,2012.
Plaintiff failed to comply with the Show Cause Order and thus United States Magistrate
Judge Susan Paradise Baxter issued a Report and Recommendation dated January 15,2013,
recommending that the Complaint be dismissed for failure to prosecute. ECF No.3.
Objections to the Report and Recommendation were due by February 1,2013. No
objections were filed; although Plaintiff did file a Consent to Jurisdiction by United States
Magistrate Judge on January 24, 2013. After de novo review of the pleadings and documents in

the case, together with the report and recommendation, we adopt Magistrate Judge Baxter's
January 15,2013 Report and Recommendation as the Order ofthe Court.
Accordingly, the following Order is hereby entered.

,;:;:
AND NOW, this (}. day of February, 2013, it is HEREBY ORDERED, ADJUDGED
and DECREED that the Complaint is hereby DISMISSED for failure to prosecute.
The Report and Recommendation dated January 15,2013 (ECF No.3) is adopted as the
Order of the Court.

~rA&~\v.

Maurice B. Cohill, Jr.
Senior United States District Judge

cc:

Counsel of Record
Jose Tejada, pro se
07784-089
FCI McKean
PO BOX 8000
BRADFORD, PA 16701

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